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697 
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[iiformation for Congress 



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mwmim mj 



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Don't Legalize Town Acts, nor give them .' 
Miy force: Copies of Ordinances, Judge 
merits and Records. 



Oklahoma City Daily Times Print. I889. 



Information from SHaLoma. 



On March 1st, 1889, there was ap- 1889, herein before fixed will ever be 

proved an act of congress, which permitted to en*ter any of said lands 

says (middle of page 759) "Any per- or acquire any right thereto, and that 

son who may enter upon any part of the officers of the United States will 

said lands in said agreement men- be required to strictly enforce the 

tioned prior to the time the same are provisions of the act of congress to 

opened to settlement by act of con- the above effect." 

gress, shall not be permitted to oc- In accordance with the above pro- 

cupy or make entry of such lands or visions, troops were stationed at va- 

lay any claim thereto." rious points on the borders of and 

This refers to the Oklahoma lands, within the Oklahoma lands to enforce 

Again, on March 2d, 1889, there these provisions. 
\* as approved another act containing Honest and law abiding men obeyed, 

the following words, (page 1005.) but at once a set of lawless men or- 

"Until said lands are opened to set- agnized to defeat the operation of 

tlement by proclamation of the Pres- this law and to defraud the former 

idetit. No person shall be permitted class out of, and hold from them all 

to enter upon and occupy the same, the best lauds, and town lots within 

and no person violating this provis- the territory. 

ion shall ever be permitted to enter These organized "schemers to 

any of said lands or acquire any grab," embraced all the most valuable 

right thereto." portions of the Oklahoma lands, and x 

On March 22d, the President is- was more or less successful; but as 

sued his proclamation, in which he we reside in Oklahoma City, we will 

uses the following language: confine ourselves to that place, and 

"Warning is hereby again expressly surrounding lands. First of 
given, that no person entering upon Oklahoma city, 

and occupying said lands before said One means of controlling, and ap- 

hour of twelve o'clock noon, of the propriating townsites, and the val- 

tweritj second u>\ of April. A. P. uable lands near thereto, was the for- 



n April 19tl 
lormed ;it Topeka, Kant >i pora- 

tiini named "The Seminole I' 1 wnsite 

.1. ('. Willson and I., li. Crand- 

all. Topeka, and J, A. Hudson, Sid- 

i:.x M. ('. and W. L 

h, old boomer, all afterwai 

lioma Cily, its ol jeets \\ ere in 1' - 

towns and sell the lots, construct 

! railways, electiic and gas 

lights, water works, cunals ami ditch- 

ml operate them. (I'm- co] 
their articles ol nssociaiion, see Kx. I 
ftcr -> i "in ) 'I'n »ct into tin- ( )k 
lahoma lands in advance of time, W. 
L. Couch procured a contract to build 
itch at ( Iklahoma station, I'm- the 
II. I! itnd got in with liiin bv "tie 
means or another, near five hundred 
iimii" those were two Ex- 
members of i ( >n the 
track.-, at that station n Co. had a 
number "I houses, horses, wagons 
ami on ii to move them: This on 
t lie . •. ening bel »re i he ipeniug. To 
r enable i hem to succeed, persons 
to joints outside of i he < MJalio- 
ma lands, v. here crov 

and urged them as i h< a 

valued and prized their future homes, 

the lands until after 

noon, A i ril L'l'd. and thru themselves 

lahoma station. Prior 

to April 22d, J B, W lected 

:: and 
i n l en tii in. s 

I he same, his son took 
the city, 

while < 'u tell I ltd all In 

lying immediately 

town. 'I eor- 

plats 



and had the business portion sun 

mi the ground, all before noon April 

L'lM. At i ii these Seminole men 

and boomers, rushed upon these Iota 
and occupied them by driving a stake 
into each one. Many of them in t liis 
way staked large numbers of lots and 
the better to conceal their lurge hold- 
ings, placed their own names on one 
or two stakes, and upon the others put 
names of persons who were known to 
t in in and who were not in the terri- 
tory, and who were unknown to oth- 
ers. 

.Manv of them put tents upon them 

ami . teams and men could 

move tliein these shanty houses weie 
crowded onto these I its. In tliis way 
nearly all the Valuable lots weir 
tained by these hands of law violator-. 

( >ne ex member of cot Uakcd 

lot, v. hich he ui terwards Bold for 
$500.00 and then went to and set up 
a ti nt mi his 1. I, being there 

two minutes after twelve, but before 
' to the land office, another 

filed mi the land and finally took it. 

Some took, We think not less than 
20 lots ami others in proportion. 
\Y hen the si t tiers ft om t he out sid 
rived, mnie but inferior, or budlj lo- 
cated lots Wife left. 

These Seminoles and '"Sooner*, 
synonim for law violators) vvoll knew 

e.ieli OtllCr, While the iawl'lll II Were 

all strangi rs to each ol her and also to 
the other class. 

1 rider cumstances these 

•'Sinner-," called a mass meetiii 
the citizens to adopt a city provisional 

gO\ i rnnieiit, en the false repr< Si nta- 

that. when ,.. d they 

COUld enter t he hinds Oil w hie!) I he 

town w.i> located mid al once. 
the lots to t he \ arious | arti 



3 

These men being organized, and the elected mayor, Sidney Clark, ex-M. 
law abiding men, not organized and C, and others were elected council- 
arid wholly unacquainted with each men, a police judge, city attorney, etc. 
other, and not yet knowing these were elected. 

sooners, nor their plans, met in this Serious disputes arose over the sur- 
mass meeting and adopted resolutions, veys of the town. A band of citizens 
viva voce vote, as shown by exhibit 2 surveyed two tiers of blocks and as- 
hereafter set out. This meeting signed one man to each lot, but could 
was attended by about one third of not go farther without resorting to 
the people, then on the city grounds: open violence and general warfare and 
visitors and settlers all voting alike, therefore stopped. This was compro- 
These resolutions simply provided mised and the south two tiers of 
when and where an election should be blocks were known as the "citizens 
held, and vliat officers should be survey" and the north eight tiers as 
chosen. Some months afterward, the "Seminole survey." This state- 
when published, those resolutions ment is necessary to an understand- 
adopted were found to contain these ing'uf the resolution hereafter spoken 
words: of. 

"Fifth, said permanent mayor and To further protect themselves in 

council shall constitute the legislative their illegal holdings, and to terrorize 

power of said city government, and and break down all opposition, and to 

shall have power to provide by ordi- enable them to speculate on the lot 

nance, such rules and regulations as settlers, the first act of this council 

they may deem best for the public was to provide for the issuance of cer- 

welfare of said city." tificates of titles to lots by this same 

Afterwards there were asser- Seminole Town Co. and these were 
tions that the clauses abeve quoted $10 each, and punishing any attempt 
were nut in the resolutions when to tresspass upon a lot held under 
passed, and that they had been in- such certificates, by $100 fine and nn- 
serted afterwards, and it was as prisorment, and further providing a 
stoutly^denied. bat certain it was. Our like punishment for any one attempt- 
people did not then understand that ing to claim or exercise any control 
any such powers as were afterwards over a lot without being the holder of 
exercised were ever granted. a certificate. 

On May 1st, an election was held fSee Ex. 3, exact copy of the reso- 
preparatory to that election. Some lutions and ordinances.) 
citizens attempted to hold a mass con- After this had been worked awhile, 
vencion to select candidates for offi- tkey abandoned these Seminole certifi- 
ers, when the sooners came in and cates, and enacted an ordinance to 
howled the matter down, and drove the effect that the city should issue 
all away except a few, who made nom- certificates to lot holders, guarantee- 
inations. An election was held and ing title with like effect as before 
the sooners voted all their wives and stated. 
people in the country for miles uroupd. (For copy of ordinances effecting 

At that election W. L. Couch was lets, see Ex. >"o. 4. For copy of 



Su.'li :mii"tl forces were not n< 

Under these ordinances, any per- sary by reason of the hiwl 

n cxparte affidavit mado be- our people; but were necessary to 

.. ii not author- tiuiidatc and awe law abiding men. in- 
to administer an oath, and with- to submission t > the wrongs bi 
(mt notice i" any party, and on pay practiced on our people. 

1.50 per lot, to the recorder, We will cite two 

could get ;i certificate, and it was then of many others. 

idcnce that he owned the One James M. Carrcn on the after 

lot, and under it he could imprison, noon of April 22, 188f), Bettled upon 

tine ami oust any other claimant, and lot 7, block 11. and placed his borne 

with a vengeance it was done, until there, it then being an out lot. Soon 

law abiding people were driven almost it became valuable, when one \V. \], 

to revolution, by the lav. of Golding, father-in-law to Sidney 

of this so-called ciiy government. Clark, ex-M. C, anr 1 city councilman, 

tilt, and large numbers Btuck a Blake on the lot, paid oat 

of | re illegally arrested and 1 1.50 for a certificate, and then an 

imprisoned until the proceeding was ed Carren for beiug on a lot to which 

• habeas corpus" from U. S. he, Golding, held a certificate, a trial 

The proceedings of that so- was had in this police court to a jury. 

called court were simply Bcandulous. Carren admitted being on the lot and 

We can give hut few of the many said he was rightly there The jury 

found for Carren and the court rcn- 

ndants accused criminally in dered in hi- favoi and he returned to 

lot case*, \\ re compelled, i i advace, his lot. Four days thereafter he 

to pay all costs in cash including $12 again arrested and Ordered to show 

jury fee. $5 city attorney fee, mar- cause why he should not ff of 

shul ! Win n it was found that lot. 

that juries would do justice, they were While thiti last trial vt liad, 

ed to the accused, he was refused armed city marshals held the room, 

all witnesses and summarily condemn- while said councilman, an i the mayor 

imprisoned, and improvements and the city attorney stood bj 

i off of lots, houses torn down, force and supp< rt to the poli •• 

women and children driven crjing Allevidence, « I ind a jury 

into the to satisfy these lot denied to him, he was promptly con- 

ud to compell our people vioted and his home thrown off the 

field u|p their money to these ex- los, and it was given Goulding, 

record ex. No. — 
To peace and order in lion. Jouh T. Vo.ss of Girard, Kn- 

and around these eviction! ttorney in the mattci 

iH men called city Carren, aud he is hereby rel 
ed with revolvers. N'ol Again: One llielc) \v .is arrested lor 
h it noiit | ing ;i lot w ithoiit a cerl ifii 

I m in who 

II the 



5_ 

docket a head of him that his case and the city council the third one, any 
could not be reached for near three two of whom could decide, and t!ie de- 
week, cision was absolute and final. l!';.ny 
For about six weeks U. S. Judge sooner chose a fellow sooner, th< font- 
Sliaekleford was absent from the ter- cil always chose another sooner. So 
ritory at Evansville, Ind., and Wash- that he won every time. If a Isi 
ington, D. C. This Rieley however holder refused to so arbitrate, then 
sent an application for habeas corpus the decision went against him by de- 
after him. One morning Reiley-'s fault, and he was thrown off in either 
case was called clear out of its order, case, 
all other cases a head of it passed by, finances. 
he was rearrested and forced to trial In addition to collecting off of our 
without jury aud without witnesses, people $4.50 per lot, they assessed oe- 
and in thirty minutes was in jail, and cupatiou taxes, on nearly every occu- 
iii a few hours his effects were thrown pation carried on. An itemized state- 
off of the lot; he was held in jail un- ment of the amount collected we have 
til next morning when an order never yet been able to obtain 
from Judge Shackleford was though often called for in our press, 
produced by the mayor commanding At last by military investigation 
his release, and it was done. It was the following results were obtained, 
then developed that this order from the accuracy of which we had no 
Judge Shackleford had been received means of verifying: 

by the mayor the morning before, and Eee eived for 726 city lot certificates.... $3,397.00 

, /, ., . . f t,. , , " "142at$2 28400 

hence such hot haste to try llieley out For license (occupation tax) 709.00 

of his order and get him off of the lot Fines-police court ,.1,163.00 

before he could learn of that judicial Total received $7,423.35 

order. Paid out for salaries and not account- 

1 _ • c c *io/iA ed for by the treasurer $5,360.01 

In many cases, a jury fee of $12.00 Balance left for all other purposes 73S 

was collected aud then only $6.00 paid The amount collected for sales of 

to the jury, and the remainder went, lot certificates issued by the Seminole 

we know not where. | Co., we do not know; but we know of 

In case after case evidence was of- certificate numbers as bight as 871 

fered to show that the holders of these which would indicate a collection of 

certificates came into the Oklahoma $7,S10 at $10 each, the price thereof- 

lands in violation of the two acts of This has never been accounted for 

congress before set out, but it was but is claimed as the funds of the 

always ruled out as immaterial. company, though collected under au- 

As a further means of securing thority of the city. They left the city 

themselves in their illegal holdings of in debt for blank certificates, books, 

lots, they enacted the ordinance set lumber, labor, etc., near $2,000 and 

out — (Ex. No. G.) This ordinance no means to pay these honest debts, 

provided that all disputes as to who MONOPOLY, 

should have certificates for lots should To carry out their corporate power, 

be settled by arbitration, each of the to build street railroads, electric and 

contestants to choose one arbitrator gas lights, water works, etc., the citj 



limi- 

I 

'. that 

I 

«iy this, our people first 

tin n ' 

rhis they 
>ple then 
ie council tii call an eleel ion 

■ 

This I 

iting of our | 
lien lie M. ami 

ppointcd tn draft such a charter 

and call an election for its adoption. 

On 1 1 ouch, 

. dio\ e our people 

1 off the ballot bo 

trong 

One was 
acts, 
i pow- 
miitti il it to a vol 

' it. 
Tin the 

for tin- --il 
oharti when 

an election v. y the 



Tlii 

had in < 
City. Many other wrongs doin 

I n defense for nil this, t i, 

till :. 

"anarchist I jinn] - 

Three- four! lis ol our i ivith 

us, an 

i rid. 
I n S ptember we w ere lionore 

idi linker of 
N. Y >in.. 

Allei kins and Peti 

all Drought to . the 

kindness of Col. Mansur 
nieuil 
res, kept in oarriagi s, at di 

that mi i nuld 

t ' iiii. until h 
tie of our coiniH 
tn their j 
half hour only. < hie of t lief 

ted that i 
council tn rssign w is got ten b< 

o a petit 
townsite and then attached it to n pe- 
tition 

untruth. 
These tueu will rrow ask 1 
i z e 1 1 1 1 • i i 
a har tn thai we give ' 

■ hat t Ins in'\ it In' i 

ION. 
Tie , ind held in out 

a v.i'll at I ' Vint ion of t hi 

abiding element of our tn\\ i 
aider and • 

This 



Memorial and Recommendations to Con- 
gress by Townsite Convention. 

Oklahoma City, I. T. Nov. 19th, 1889. 

At a convention of delegates from the vari ins Townsites in the Oklahoma country, 
buhl in Oklahoma City on the 19th day of November, 1889, the following Memorial and 
suggestions to Congress were adopted. 

John T. TayLou, 

Albert Rennie, Chairman of Convention. 

Secretary of Convention. 

To the Senate and House of Representatives of the United States in Congress as- 
sembled. 

We your Memorialists, as residents of the Cities and Towns of the Oklahoma country 
in the Indian Territory, in Convention assembled, respectfully represent to your Hon- 
orable Bodies: 

First: — The opening of the Oklahoma country to settlement was attended by an un- 
precedented rush of seUlers for land, one of the results of whieh being - , that nearly all 
lands now occupied for townsite purposes, were sought to be settled by some one or 
more homestead claimants, who now are seeking to assert their claims thereto, thus 
placing in controversy and dispute nearly all of our Townsite titles, and without legis- 
lative aid, these Townsites will in all probability be involved in litigation for years to 
come, greatly to the detriment and injury of the occupants thereof, as also to the inter- 
ests of the surrounding country. 

Second, — That all Townsites now occupied in the Oklahoma country, were under 
the act of Congress of March 2d. 1889, Champ. 412, laws 1889, settled in pursuance of 
sections 23S7 and 2388 of the revised Statutes of the United States, which provide in 
substance, that entries thereunder be made in trust by the corporate authorities of the 
towns or by the county Judge of the county m which the Townsite may be located. 

The absence however of both Corporate authorities and county Judges, thus far, in 
the Oklahoma country, has precluded the making of eutries under those sections, while 
ihe absence of Territorial Government and Legislation renders the administration of 
such trusts impossible and practically defeats the acquisition of title under the provis- 
ions of the aforesaid sections. 

Il thus results* that the acquisition of titles on til- pari of settlers upon our several 



8 

- under those sections musl in the ordinary oourse await the formation 
itorial Government, the election of a legislature and its action, providing suitable 
legislation to cany into effect the provisldns of those sections snd Hie creation <>f tha 
trustees therein provided for unless your Honorable Bodies shall grant to our pen 
Bome legislation providing other means of entering these Townsites and deeding the 
tota therein to the persons entil led thereto under existing law*, so a* to avoid this great 
delay that musl enane undi : 'nir present clroomstan 

Ttniin: — We would also call attention to t lie fact thai in several of our Cities more 
Hum 320 acres in one body la now actually occupied for municipal purposes, while un- 
der the restrictions ef the act of Much "id' aforesaid only 3'20 acres can now be entered 
Townsitc, thereby necessitating seperate town organiaations at these points. 
Being present and well acquainted with all the foregoing circumstances the following 
remedies are respectfully submitted to your Honorable bodies for consideration, us lie - 
in<; the best adapted to afford the necessary relief. 

Fiic-i : — That all contests now pending as to the right to enter Townsites have pre. 
SnCe in the Land Department. That U commission he appointed te enter these 
Townsites and that they lie empowered to make such entries at once and deed as 
after subject to the rights of the Homestead contestants and if such contest* lie de- 
cided in favor of the contestants that the value of the traol as farm laud Imi ascertained 
and assessed to the various lots as per value and the BUiU so collected be paid to the 
successful contestant in lieu of his right to the land, or thai their right* lie adjusted 
as occupying claimants. 

..n: — That such rules he provided for the Government of the commissioner or 
Trustee a- should he provided under like circumstances by a Torritorial Legislation, 
and that a Court he established in the Oklahoma country, with power to bear and de- 
termine all contests as to Town lots, with such other Jurisdiction as your Honorable 
Bodies may deem pi 

Titian: — That a period of limitation of 30 days from notice and application for deed 
he made within which contest must he brought. 

Fourth. — That the provisions limiting Townsitc entries to 320 acres he repealed. 
Youi Honorable Memorialists therefore pray that your II tnorablo Bodies enaol such 
As are applicable to their situation. 

•Ions t. Taylor, 
Al II i . Chairman id Convention. 

■ lan of Convention. 



9 

These recommendations meet our crimes, shall have immunity from all 
fit cordial approval. We would on- arrest or prosecution. This we regard 
!v add thereto the request that no lot as very important, as without 

d to any man unless he first, such stringent measures, no honest 
under oath, make full and satisfacto- electoral results can he obtained. (Jer- 
ry proof of his qualifications to enter tu inly no honest man need ever fear 
the same as now provided to enter the above regulations. 
lands in Oklahoma. There will be an effort to induce 

That as the law now stands no one congress to make these certificates ev- 
ean contest the right of a sooner to a idence of possession, if not contested 
lot, unless he has a right to the lot, sufficient to entitle the holder to a 
and lie cannot get a right unless the deed. To do this would be to vitalize 
contestant has been in possession of one of the most flagrant frauds perpe- 
the lot, and the sooner will not per- trated upon our people. See bv the 
mit possession to be taken, and hence ordinances, that any man by an ex- 
they cannot lie contested. parte sham affidavit and payment of 

II Kansas, Gil. Sherry vs. #4.50 could get one .of these to any 
Sampson; 21 Pacif. S18, Singer vs. man's lot, and they were conclusive 
Tillman. evidence that he owned the lot, and 

To cover this let us suggest that a with it he drove the other fellow out. 
contestant be allowed to contest and (see ordinances.) Then too these pa- 
have the right, if successful, to enter pers are held, many of them by men 
the lot as is now allowed in contests who never lived in the territory and 
touching the public lands much as by men who are law violators and 
provided by act of congress May 14, were invented for their protection. 
0, Sec 2. Otherwise these men, The rule should be that the applicant 
so appropriately named 'daw breakers" must prove his right to a lot before 
the secretary of the interior, will get:ing a deed as is required to prove 
at last get all they sought, up on a claim to the public lands. In 

As to voting, we have an element no two towns were these certificates 
here, lose and drifting and very open issued on the same conditions or to 
to corruption, and so great is the in- the same effect. In some towns they 
teresis of the "sooner"' that they provide that if the lot is not improved 
will readily resort to corruption, as in a given tune they are void in oth- 
they have si often done in our city ers that the holder shall have two lots 
elections before. To prevent this, by only, etc. In many, lots wholly va- 
all means give. us the Australian gys- cant are held by these certificates and 
tern of voting, with the provision that to make them proof that a lie is truth 
the oil': ring or giving of any bribe to certainly is not rational, 
an elector should make both the giver If these be now vitalized it will Inl- 
and receiver guilty of a felony, and ter and give life 10 unlimited frauds 
imprisoned at hard labor for not less by issuing and selling certificates in 
than live years, with the further pro- future in new towns. These will al- 
vision that the one first informing on ways be pointed to as proof of titles 
the other, or fully disclosing the and cause them, in future to sell moie 



10 

readily and at a higher price, and en- bridges and ice manufactories; the 

aide designing men t<> pocket more purchase and Bale <d negotiable 

money at the expense of the settler, curities in Kansas and elsewhere 

Look at the Seminole certificate the interest of the corporation may 

hereafter eel out. Notice that its sug 

number is 706, which at $10.00 each Third. That the place where its 

(tin- price paid) represent $7,060.00 business ie to be transacted is at 

taken from our Bettlers for releases of peka, Kansas and Bueh other place 

Unit company's rii_ r ht to public lands, the directors may designate, 
to which they had no ri<_'ht other than Fourth, That the term for which 

fraud supplemented! by brute force, this corporation is to exist is twenty 

The Burveying and all expenses were years. 

paid out of the over $5,000.00 collect- Fiktii. That the number of Direc- 

r the city certificates. tors. Trustees of this corporation shall 

\\ ith respect, \, e fj vo am J the names and residences 

J.L.Brown.) Committee of those who are appointed for the 

L. M. Keys, Uf law-abid- firgt year are J. C. Wilson. Topeka, 

L. II. North, ) ingcitizons. ,, * , ,, .. , .. T , „ 



Kansas. L. II. Crandell. Topeka, Kan- 
sas, J. A. Hudson, Lincoln. Illinois, 
Sidney Clark, Lawrence, Kansas. \V. 
L. Couch, Dougla88, Kansas. 

SlXTH. That the estimated value 



L. M. Keys refers to Sen. Plumb, 
Hon. M. B. Kelley. Hon. S. It. Peters 
and Sen. J. J. Ingalls. 

J. L. Brown refers to Hon. J, 1'. 
Flick. M. C 

BXHIBIT i of goods, chatties, lands, rights and 

( a gv credits owned by the corporation is 

p,, c .i o i rp i dollars. That the amount of 

Charter of the Seminole town and 

T . /, the capital stock of this corporation 

Improvement Company. l i 

. . shall be seventeen hundred thousand 

The undersigned, citizens of the , ,, , , ,, i j • i i • * 

dollars, and shall be divided into 17- 

StaU of Kansas, do hereby voluntari- .,„, , « , , , . ,, 

J .»ini shares ot one hundred dollars 

ly associate ourselves together for the , 

. each, 

purpose of lormin<r a private corpora- T i • , , 

° r l In testimony whereof we have here- 

tion under the laws of the State of ■ •• j ,, • 

unto Bubscribed our names this 

Kar^as, and do In-ruby certify: , r . .. . ,. ..... 

J J day of April, A. I>. 89 

First. That the name of this cor- , t i\ i • w i i mm 

II. C. Linn, \\ . A. L. I hompaon, 

poration shall be the Seminole Town ,. , , w \ , cj m i 

Frank L. Webster, Sidney (lark, 

and Improvement Company. , . .,, 

Second. That the purposes for State of Kansas, / 

which this corporation is formed are Shawnee county. \ 

to the purchase, location and laying Personally appeared before me, a 

out of tovrnaitos and the sale and eon- notary public in and for said county, 

reyance of the same in lots and SUD- Kansas. 

divisions or otherwise. To construct The above named H. C. I. inn, \V. 

and opi I i railways, electric A. L. Thompson, Frank L. Websier, 

and gas light works, water works. Sidney Clark and Ceo. L. Chase who 

water power, irrigating canals, toll are personally known to me to be the 



11 

same who executed the foregoing in- elected and qualified, 
strument of writing and duly acknowl- Third: It shall be 'he duty of the 
edged the execution of the same. temporary mayor to call an election 

Jn testimony whereof 1 have here- for the first day of May, 7889, for 
unto subscribed my name and affixed mayor, for recorder, for police judge, 
my notarial seal, this 19th day of for city attorney and treasurer, and 
April, A. D. '89. six "ouncilmen, which call shall be by 

[seal] E. I. Cartlige, proclamation signed by said temporal 

Notary Public. ry mayor, and attested by said tempo- 
(My commission expires March 27, '92) rary recorder, and shall be posted in 
State of Kansas, three public places in said city at least 
Office of Secretary of State. two days before the day of said elec- 
I. Wm. [liggins, secretary of state tion, and shall proclaim the manner, 
of Kansas, do hereby certify that the the time and the places of holding the 
foregoing is a true and correct copy same. He shall be ex-officio chief of 
of the original instrument of writing police, and shall have power to ap- 
filed in my office April 79, A. D. '89. point such additional persons to act 
In testimony whereof I have here- as police as he may deem necessary 
unto subscribed my name, and affixed to preserve good order; he shall have 
my seal. the power to designate and appoint 

Pohe at Topeka, Kansas, this IS three judges for each voting place who 
day of May, A. D. '89. shall have charge of the ballot 

Wm. Higgins, Doxes and the counting of said ballots. 

Secretary of State. Fourth: The temporary recorder 

exhibit 2. — city charter. shall make a complete record of this 

At a mass meeting of the citizens article in a book for that purpose, to- 
of Oklahoma City, held on April 27, gether with the proclamation of the 
'89, the following articles of confeder- mayor, and shall perform such other 
ation were unanimously adopted: duty as may be imposed upon him by 

We, the people of Oklahoma City, the mayor or council before his sue- 
in the Indian Territory, for the more cessor is elected and qualified, 
adequate protection of property and Fifth: Said permanent mayor and 
for the better preservation of order, councilmen shall constitute the legis- 
and to f )n» a more perfect union, do lative power of said city government, 
ordain these resolutions to be in force and shall have power to provide by 
and effect. ordinance such rules and regulations 

First: That there be elected one as they may deem best for the public 
temporary mayor who shall hold his welfare of said city, 
office for the term of five days, or until Sixth: The temporary mayor, re- 
the successor is duly elected and qual- corder and police, appointed under 
:g j said temporary mayor shall each re- 

, m , , , ,, i i , i ceive the sum of one dollar for their 

Second: That there shall be elected ~_„:„ no 

one temporary recorder who shall be EXHIBIT 3. 

elected for five days, or until a perma- (See page 3.) 

ncnt provisional successor is duly Whereas, In the unsettled condi- 



y natun 

It) of :i II 

ion _'. 
. ip whicli 

1 that the bi 

Ki ail bj 

with an .1 thai 

l let ami thai fully paid. 

: ill 

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lot 

ind thi 

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by the mayor tliis 4th day of .May A. ed by the mayor of said city. 

Attest: Jno. A. Blackburn. 
W. L. Couch, City Recorder. 

Atti Mayor. EXHIBIT 4, ORDINANCE NO. 8. 

Jno. A. Blackburn, Recorder. (See page 3.) 

ordinance NO. 3. An ordinance entitled an ordinance 

_Au oidinance entitled an ordinance regulating the issuing of Certificates 

providing protection to holders of cer- of titles to lots. 

tifieates from the city. Be it ordained by the mayor and coun- 

Be it ordained by the mayor and oilmen of the city of Oklahoma City. 
eouncilmen of the city of Oklahoma Section 1. Any person who de- 
City, sires that a certificate for a lot in said 

SECTION 1. Any person holding cer- city be issued to him, shall make an 

tifieates under the laws of Oklahoma affidavit properly sworn to and in 

City to a lot or lots in said city shall person or by agent or attorney file the 

after the filing of the same with the same with the City Recorder. Said 

recorder of said city be secure in his affidavit shall describe said lot, and 

right to the extent that the city guar- shall state that the claimant made 

antees to said person that said certifi- the first settlement upon said lot, for 

cate shall be conclusive evidence that actual settlement or for the purpose 

such holder lias in every way complied of making substantial improvements 

with the lawjin regard to settlement upon the same, and that at the time 

and occupancy of said lot, and that all betook possession and made settle- 

persons not holding one of said certifi- ment upon said lot there was no 

eates or unier some 'person to whom house, tent, --take, sign or other thing 

one has been issued who shall claim or upon said lot to indicate that it was 

undertake to exsreise any rigid or claim claimed by any other person, and that 

to any lot or lots shall be deemed guilty at that time there was no other person 

of a misdemeanor under ordinance upon said lot claiming possession of 

number one. it. Or in case the party asking said 

2. This ordinance shall apply certificate claims said lot by purchase 

ell to the heirs, executors, aduiin- of the right of any other person the 

istrators and assigns of the holder of affidavit shall describe said lot and set 

said certificates as to the original forth that at the time he purchased 

holder. there was no claim or possession of 

Sec.3. This ordinance shall take ef- said lot adverse to the possession of 

feet and be in force from and after its the party from whom he purchased. 
apporval by the mayor, and the post- Sec. 2. Upon such affidavit being 

ing of ten hand bills in as many pub- filed with him the city recorder 

lie places in the city. May !). 1889, shall issue to said claimant a certifi- 

approved W. L. Couch, Mayor. cate that he is entitled to the peace- 

I hereby certify that on May 6, '89, able possession of said lot and he or 

this ordinance was duly passed by the his assigns is entitled to a deed from 

city council of the city of Oklahoma the trustee or other person whom the 

, and was on said day duly approv- government of the United States may 



and appoint ; 
idod: that in :ill ■ I by the mayor and 

ncilincn 
■\ n :i tul Section 1. That whenever any 
npatn tin implied with 

ihall he received and recorded tli of ordinance N 

the city recorder and shall havi ty. entitl linance r< 

tid effect 

led by the I lea to lot* ill hold a n rded 

own certificate in li«u certificate to any lot as in said < »r<l i- 

thereof at the request of the holder, nance, provided such person shall 

charging r reasonable Fee therefor, entitled to possession of said lot, and 

and provided further, that in all oth- any person who shall claim advi 

i 1 lot, or shall m i i n- 

any lot it shall appear to tain or plaoe thereon any house, tent, 

from satisfactory evi- obstruction or encumbrance of any 

dence that said adverse claims have kind, shall be guilty of a misdemean- 

mitted to Borne persona to nr- or and shall be lined nut less than 

bitrate aud an award has been made by twenty or mure than one hundred 

then sai. i shall dollars and shall be subject to a 

to whom Baid further penalty of not less than five 

certificate tor said dollars per day for each day he shall 

provided in other c maintain any such encumbrance of 

mii :;. All ordinances and puts any kind upon Buch lot over more 

in conflict with the pro- than twenty-four hours after notici 

f this udinance are hereby him or his agent to remove the same 

.;,.,!_ and it shall he the duty of the mayor, 

. 1 1 I. This ordinance shall marshal, or any police officer of said 

from and city to disp lid claimant from 

after its approval by the mayor, and such lot. and to remove such house, 

ibe posting of ten hand bills in as tent, obstruction or encumbcru 

. public places in the city. fr»m Buch loi. 

Approved: VV. I. Cough; Mayor. -■ Any person who shall rent 

1 in i :-, that on May 9th A. auy house or lot in said city, and shall 

is duly ;" the end of the time tor which the 

• •i| f the city l< reenient w.is made, set up 

of Oklahoma City and was on said day any claim to the possession or title. 

duly approved by the mayor of said to said lot, adverse to the title, of his 

city. ,l\n A. BLACKB 'I, or landlord, or shall refuse to 

\u City Recorder. deliver up possession of said lot n't 

the end of the time for which said 
ORDINA 14. shall he -uilt\ of I 

tied an ordinance misdemea ■ and upon com 

in of lots shall he lined in any sum not 

pur t !i.in ten or mote than one hunt] 



1 5 

dollars, tind it shall be the duty of the shall at the time of the service of such 
police judge to award the possession notice, furnish the officer serving the 
to the owner thereof, the landlord or notice the name of some suitable i,or- 
lessor, and issue a writ to the marshal son to act as arbitrator on behalf of 
or any police officer of said city, or- the person or persons so notified, 
dering him to put said lessor in pos- The officer shall make return to the 
session of said lot, and it shall be the city council of the service of such no- 
dnty of said officer to execute said tice, which return shall contain the 
writ. name of each person selected as ar- 

Sec. 3. When it shall appear to the bitrator and the time and place set for 
council of said city that any person the arbitration. Upon the return of 
has procured a certificate for a lot Dy such notice the city council shall se- 
fVaud or false and fraudulent repre- lect a third person to act as arbitrator, 
sentations, said council shall have the and shall direct the officer making the 
power to recall said certificate. return to notify such person of h-is se- 

Sec. 4. This ordinance shall be in lection and the time and place set for 
force after it has been passed by the the arbitration, The persons so so 
council of said city, approved by the leeted as aruitrators shall meet at the 
mayor and written or printed copies time aud place designated, shall hear 
thereof have been posted in three the evidence in the case, and shall de- 
public places in the city. termine the rights of the respective 
ordinance no. 26. contestants by a majority vote. 

An ordinance providing for the man- Sec. 2. Such arbitrators so chos- 
n er of settling contests to lots by ar- en shall have power to adopt their 
bitration and, prescribing the effect own rules for the conduct of such in- 
thu-eof. quiry, shall have power to adjourn 
Be it ordained by the mayor and from time to time — shall have power 
councilmen of Oklahoma^ City: to continue for good cause shown 

Sec. 1. Whenever any person shall have power to compel the at- 
ciaiming an interest in or title to any tendance of witnesses, shall have pow- 
lot in Oklahoma City by settlement er to administer oaths and do all 
or purcease to which any other per- things for the proper discharge of 
son or persons may claim interest in their duties. 

or title to by settlement or purchase, Sec. 3. The award of such board 
either of said parties may select for shall be reduced to writing and filed 
himself some suitable person to act with the city recorder, which award 
as arbitrator, and shall cause due no- when so filed shall, when accompanied 
tice to be served upon each and every by the affidavit heretofore provided 
person claiming against him, which for, entitle the person in whose favor 
notice shall be served by the city such award is made to a certificate 
marshal or some police officer, and from the city under the requirements 
shall contain the name of the person of the ordinances in such cases made 
selected as arbitrator, and the time and provided which certificate shall 
and place of holding the aibitration. entitle the holder to . all the rights 
The person or persons so notified, granted to holder:- larly re- 



t, title in 

in Ok- 

i.i in - mt 01 

Okmhou 

'I'll: 

: 

■ ty, [n- 

: 

. 
l.y the 

./ N ,, \ I 

I I. 

PJaii 
miii pro 

Joli 

( tkluhouia 



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No. 11, Oklahoma City, Indian Terri- 
tory, adverse to that of plaintiff, and 
did place and maintain encumbrances 
and obstructions thereon, to wit: one 
tent, this affiant being then and there 
the holder of a recorded certificate to 
said lot, against the ordinances in 
such cases made and provided. 

John E. Goulding. 
Subscribed and sworn to before me 
this 19th day of June, 1889. 

0. H. Violet, Police Judge. 

COURT RECORD. 

City of Oklahoma City, Plaintiff, 
vs. 

John Doc, whose real name in un- 
known, Defendant. 

June 19, 1889, John E. Goulding 
made complaint on oath charging that 
on the 17th day of June in the city 
of Oklahoma City, Indian Territory, 
one John Doc, alias, did then and 
there unlawfully and wilfully claim 
adverse possession and did place and 
maintain obstructions and encum- 
brances on lot No. 7, block No. 11, 
contrary to the ordinances in such 
cases made and provided, and against 
the peace and dignity of the city. 
Warrants issued and dated June 22, 
'89, returnable forthwith. Subpoenas 
issued on behalf of plaintiff and dated 
July 3. '89. Subpoenas on behalf of 
defendant and dated July 6, '89. 
Warrants returned and filed June 22, 
'89, with the following endorsed 
thereon, to wit: June 22, '89, "Deft, 
having voluntarily surrendered him- 
self and was released on bond of 
$100, to appear when called for." 

July 6, '89; cause called for trial. 
Jury called: J. J. Barr, L. W. Benne- 
pee, J. P. Baird, W. J. Pettee, John 
Aycr, B. N. Woodson, T. M. Upshaw, 
E. E. Hughes. Victor Sherman, W. L. 



Kellibrew, J. W. Yallson. 

VERDICT. 

We the jury find the defendant act 
guilty. V. Sherman, Foreman. 

Arrested, discharged from arrest. 
(Obserye defendant is discharged on 
July 6, on July 12 there was filed) 

AMENDED COMPLAINT. 

Oklahoma City, Iudian Territory \~ ss. 
Oklahoma City, Plaintiff, 

vs. 
James McGarren, Defendant. 

Before 0. II. Violet Police Judge 
in and for Oklahoma City, John E. 
Goulding being duly sworn on his 
oath states that on the 10th day of 
July, '89, at and in said Oklahoma 
City, Ind. Ter., James M. Garren did 
then and there unlawfully maintain 
upon lot No. 7, block No. 11, in said 
city a certain tent at that the time of 
said unlawfully maintaining said tent, 
one W. E. Goulding was then and 
there and still is the holder of a re- 
corded certificate to said lot duly is- 
sued under and by virtue of the laws 
of said city. John E. Goulding. 

Sworn to and subscrided before me 
this 12th day of July, '89. 

(Here the record resumes and con- 
tinues as follows:) 

Under order of court for permitting 
rule for possession to be filed in these 
cases where parties are discharged 
from arrest. Amended complaint and 
prays for rule .to show cause why de- 
fendant should not be dispossessed on 
return of the rule, day' fixed, defen- 
dant entered no appearance, rule made 
absolute and order issued to marshal 
to restore the possession of the lot in 
controversy to the holder of the re- • 
corded certificate and defendant pay 
costs of the proceeding. Done and 
Signed in open court, this 13th day 



7. Block 11. to the plaintiff, no* 

( > II. \ then are hereby order 

Following this i^ whit i~ given be- disp< Pendant, James Me 

James McCarren is the same Carre n and :ill persona holdihg under 

party who figured as John l re. him, and deliver the ] ession of 

Oklahoma City at relation . In Police said property to said John H. Gould- 

of William Goulding art be- j Dg| plaintiff, (observe this Becond 

^ ~~ -! fore ( ). II . ., , , . ... • , ., 

, .. ,, . , ., ease is Oklahoma LJity a( tin- relation 
James Mil arren, Pelt. \ lolet, I . 

Judge °' William Goulding, plaintiff, but 

In the above entitled and numbered ,l "' possession is ordered to John K. 

iula.it having been cited Coulding, the man win. prosecuted 

ippear and show cause if any, why and was beaten in the first oase,) ami 

the reliel Bought in plaintiffs com- this shall be youi warrant, therefor 

plaint herein filed should not be :iml ,,f . v,M,r " 1:, "" ,r of securing the 

granted and (under arrest) having ap< s:l ""' niake (Iu '' return, witness my 

iredin person and by council, and official seal at Oklahoma City I. T. this 

ii all the testimony offered by the plain I8»h dayof July, A l» 

tiff and defendant, (all this was rejec- () - u - Violet. 

I, jury ami witnesses all denied to RETURN. 

him. plea of former acquittal over- Tne within writ came to ll:i,1(1 ,,,is 

ruled) ami arguments of council and 17th llav of July, '80, at 9:30 a. m. 

tin- law ami the evidence being in '• **■ COUCH. 

or of plaintiff and against defen- Served the written writ by disposj 
.hint, it is by reason thereof ordered Bossing James McCarron of Lot 7. 
adjudged and decreed that plaintiff Blook/H, Oklahoma City, I. T. and 
have and recover judgement against all others olaiming under him and de- 
defendant for the possession of the livering possession thereof to John 
■ property in plaintiffs petition dc- E. Goulding, as commanded in said 
ibed, viz. Lot 7 Block 11, of Ok- writ, at 10:30 o'clock of the 17th day 
lahoma City, I. T. together with all ofVuly,'89. T. A. Corn 
the buildings and improvements there- ordinance no. l'<>. 
on, and it is further ordered and de- An ordinance granting J. D. Cook, 
ed that the City .Marshal dispos- "• w - Gibbs, W< II. Bbey, James B. 
defendants and all persons hold- Weaver, C. W. Price, C. P. Walker, 

in- under him. and restore possession Robert Kim-aid. B. N. W Ison, T. 

aid premises to plaintiff ami that N > Riohardson, II. Hollander and 

endant pay the costs of these pro- l''' : '"^ A Weimer to erect, construct 

lings, this done at Oklahoma City, and operate gas, electric light works, 

L T. thii 13th day of July, A. D. '89. or other modes of lighting oities to 

o. ||. Violet. Police Judge, furnish light and power in Oklahoma 

w Aitu \\ i iii POB8E8B10N. City. I. T. 

(Title of can Be i< ordained \>y the mayor and 

In the above entitled ami numbered counoilmen of Oklahoma City, 1. T. 

nietit having been ren- See. 1. That the Bole and exclu- 

dered decreeing the possession of hut sive right ami authority be ami the 



19 



same is hereby granted unto J. D. 
Cook, D. W. Gibbs, W. H, Ebey, 
James 13. Weaver, C. W. Price, C. P. 
Walker, Robert Kincaid, B. N. Wood- 
son, T. M. Ilichardsen, H. Hollander 
and Frank Weimer, their successors 
and assigns, to erect, construct, main- 
tain and operate gas and electric light 
works, or other modes cf lighting cit- 
.ies, to furnish light and power in Ok- 
lahoma City, I. T., for the use and 
convenience of said city and 
the inhabitants thereof, on 

t e terms and conditions and 
under the restrictions hereinafter pro- 
vided, • and the said grantees their 
successors and assigns or employees, 
are hereby authorized and empowered 
for the term and period of twenty- 
one years from and after the passage 
of this ordinance, the sole and exclu- 
sive use of the streets, avenues, lanes 
and alleys, and public grounds belong- 
ing to or under the control of said 
city, as it is now laid out, or as it may 
hereafter be laid out, extended or en- 
larged for the purpose of conveying 
said light or power .in and through 
the city for the use of the city and its 
inhabitants for the purposes above 
stated; and the sole exclusive right of 
way is hereby given to the said gran- 
:ee, their successors and assigns, 
thruugh such streets, avenues, lanes, 
alleys and public grounds for erecting 
the necessary poles, wires and other 
appliances in, through, under and ov- 
er the said streets, avenues, lanes aud 
alleys and public grounds for the pur- 
poses hereinbefore stated: Provided, 
that such streets, lanes, alleys, ave- 
nues and public grounds shall not be 
unnecessarily obstructed and shall be 
at the expense of said grantees their 
successors and assigns, within a lea- 



sonable length of time, placed as near 
as possible in as good repair and con- 
dition as before said streets were to 
obstructed. 

Sec. 2. That said poles shall be set 
under the direction of the city coun- 
cil of said city, and in places and in 
such manner as not to interfere with 
the necessary and proper use of said 
streets, alleys, lanes, avenues and pub- 
lic grounds of said city. 

Sec. 3. That the said grantees their 
successors and assigns, shall in con- 
sideration of the granting of this 
franchise furnish to Oklahoma City 
all necessary lights for the streets, al- 
leys, lanes, avenues, public grounds 
and public buildings of said city at a 
price not to exceed $150 per annum, 
for each light of two thousand candle 
power, said lights to be placed in po- 
sition within a reasonable length of 
time after being notified by the pro- 
per city authority in writing, stating 
the locality of said lights. 

Sec. 4. That the city council shall 
pass such ordinances as are necessary 
to protect and enforce the rights and 
privileges as herein granted which 
rights and privileges shall not be 
abridged or abrogated during the 
term of said franchise. 

Sec. 5. That the said grantees, 
their associates and assigns shall com- 
mence the construction of said works 
within ninety days after the city 
council shall so order and shall pro- 
vide a sufficient number of lights to 
light the city under direction of the 
city council and said works shall be 
put in operation within ninety days 
from the commencement of construct- 
ion. 

Sec. 6. That this ordinance shall 
be in full force and effect from and 
after its passage, approval and publi- 
cation in the official paper. 

Ordinances granting to the same 
parties the exclusive right to erect 
water works and street rail roads, 
were adopted. 



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